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DIAGRAMS 



I F 



Parliamentary Rules 



AC* ORDING TO I'.mTU 



CUSHING AND ROBERT, 



R WITH A CONCISE : - HON OF POINTS OF GREATEST I ST i 

TO MEMBERS I >F DELIBERATIVE ASSEMBLIES. 



BY HENRY J. ROBESON, A. B., 

SUPERINTENDENT OF PUBLIC SCHOOLS. PORT HURON, MP BIGAN. 



■• The great j the vill <>/ ike 

and not to obstruct, the & 
Uieir dclib nae, 




JOHN MOORE, B 

LBBOB, nCHl 



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\S 



Filtered according to Art of Congress, in the year 1882, by 

HENRY J. ROBESON, 
In the Office oi the Librarian of Congress, at Washington. 

ALL RIGHTS RESERVED. 



Aii is Arbor Register Printing ajio Publishing Company. 



PREFACE. 



peri en ce and observation having convinced the 
vriter that the members of deliberative assemblies arc, 
>y a large majority, entirely at sea as regards the proper 
lethods of procedure in certain parliamentary exigencies, 

nd that the more works they peruse the greater is their 
ran It ant mental indefiniteness, it occurred to him that the 
j st and most expeditious way to enlighten such individ- 
ls would be to present diagrams of parliamentary rules as 
id down in two such excellent, and at. the same time 
mewhat antithetical, works as Cushing's (Revised^ 
Manual" and Major Robert's "Rules of Order". By 
►mparing the two diagrams, motion by motion, it is be- 
'veii that more genuine parliamentary knowledge and a 

insight into the proper methods of deliberative pro- 
lure can be gained in one hour than can be acquired in 
whole week by any other method. Between these 

- will be found a unique presentation of those point- 
liich are of the utmost practical parliamentary utility, 
his little book can readily and conveniently be carried 
ii the breast pocket, and is invaluable for ready refer- 
<»th to presiding officers and to general members. 



SALIENT POINTS, |-; 

General Meeting.— On the congregation of a numbeil 
of individuals for temporary organization, any person! 
may move that another person act as Chairman, and. on, 
his motion being seconded, put the question to vote. Asj 
soon as the chairman is seated, a motion may be made on, 
the election of a Secretary. If several persons are nom-j 
inated in rapid succession, the chairman puts the motion! 
on the first; then, if decided negatively, on the second! 
etc. After this, some one may either offer a set of resolu-l, 
tions or move that a committee be appointed for drafting! 
a series. The number of the committee having been . 
fixed upon, the assembly may select the members by votd 
or ballot, or instruct the chairman to appoint them. On 
the return of the committee, as soon as the assembly isl 
ready to receive the report, the chairman of said committeet 
reads it, and then it is in order to move the adoption <>rL 
acceptance of same. 

Meeting of Delegates. — After the election of a y>n, n , 
tempore chairman and secretary, it is in order toappointL 
a Committee on Credentials, a Committee on l'ermanentL 
Organization, and a Committee on Resolutions. 

Permanent Society.— After the election of a pro teiru 
chairman and secretary, some one may move that a soci- 
ety for such and such a purpose be now formed, or in-L 
formal discussions as to the objects desirable to be aecom-k 
plished may be indulged in. A motion may then be madeL 
to appoint a committee to draw up a Constitution audi 
By-Laws, to be reported at the next meeting. When theL 
next meeting convenes, the pro tern, officers acting until 
the permanent officers are elected, the minutes are first! 
read. The chairman then declares that, if there is not 
objection to these, they will stand approved as read, or, ifL 



PARLIAMENTARY RULES. 5 

:here have been any corrections made, approved as cor- 
*ected. The report of the committee on constitution and 
l>y-laws is next in order. After having been received, and 
is soon as it is properly moved and seconded to adopt it, 
he chairman states the question, and then reads the first 
irticle or paragraph of the constitution, asking whether 
here are any amendments to be proposed. He thus pro- 
eeds from paragraph to paragraph unto the end. If there 
s a preamble or title, it is postponed until the rest of the 
eport has been dealt with. The chairman, last of all, 
3uts a question on adopting the whole as amended (or 
lot). The constitution may then be signed, and the per- 
manent officers elected. 

Constitution. — The constitution gives the name and 
)bject of the society, the qualifications necesssary for 
nembership, the duties and election of officers, the time 
)f holding meetings, and the vote requisite to amend it- 
elf. 

By-Laws. — If there should be any rules that an assem- 
bly would wish to have so permanent that they could not 
3e altered without previous notice, these would constitute 
heir by-laws, 

Standing Rules. — These are such as can be adopted at 
my meeting, by a majority vote. By a majority vote, 
tlso, they can be rescinded, altered, or suspended at any 
ubsequent session. They can not, however, be changed 
luring the same session except by a motion "to recon- 
ider". 

Rules of Order.— These should consist of none but 
hose which appertain to the orderly conduct of business, 
itobert's ''Rules of Order" says, " Constitution, By-Laws, 
md Rules of Order should always prohibit their being 
.mended by less than a two-thirds vote, and without pre- 
"ious notice of the amendment being given." 

Order of Business. — This may, for general purposes, be 
^ranged as follows: Reading of Minutes, Reports of 
Standing Committees, Reports of Special Committees, 
Jnlinished Business, New Business, (Executive Business). 



6 DIAGRAMS OP 

A special order for the day is to be considered next after 
the minutes. Before business out of order can be trans- 
acted, the rules must be suspended by the requisite vote. 
Each subject, however, as it comes up, can be laid on the 
table or postponed. 

Chairman. — "In all cases", says Robert's " Rules of 
Order", in sec. 50, "where his vote would affect the result, 
or where the vote is bv ballot, he can vote." Cushing's 
"Manual", sec. 5, says, "the presiding officer * votes only 
when the assembly is equally divided." Cushing's " Law and 
Practice of Legislative Assemblies", in sections 309 and 
312, says, — "when the presiding officer is a member of the 
body over which he presides, he is entitled only to give, 
the casting vote, which is his ordinary parliamentary 
privilege; but his authority, in this respect, may be fur- 
ther restrained or enlarged by the constitution or by-laws 
made by the legislative body, or by the rules of proceed- 
ing made by the assembly itself in pursuance thereof. 
* * * It is not uncommon, except in those bodies in 
which the presiding officer is not a member, to authorize 
him to vote in all cases, leaving it obligatory on him to do so 
only when the assembly is equally divided" In large assemblies, 
che chairman should rise to put a question. After the mover 
of a resolution or the presenter of a report has been heard 
'(if he so desires it), the presiding officer should give the 
floor to the one who first properly addresses him. At any 
time, however, an appeal can be taken from his decision. 
He should allow no member to speak twice until all have 
been heard. He should restrain members when engaged 
in debate, within the rules of order; should enforce order 
aud decorum; should "receive and submit in the proper 
manner all motions and propositions presented by the 
members; should put to vote all questions properly submitted 
and announce the result; should decide, in the first instance, 
and subject to the revision of the assembly, all questions 
of order that may arise, or be submitted for his decision 
[Cush. Law, sec. 291]." 

Secretary.— This officer is to make entries of all "things 



PAKLIAMKNTARY RULES. 7 

done and past", including of course negative as well as 
affirmative votes. He should read whatever is required 
to be read. He should incorporate no criticisms what 
ever in the minutes. He has charge of all papers and 
documents, and should allow no one to remove anything 
from the table without permission from the assembly. 
He calls the "yeas and nays", and Cushing's " Law and 
Practice" says, "having completed the call, he proceeds 
to ascertain the numbers, and hands them to the speaker, 
who thereupon gives the casting, or other vote, if he votes 
at all, and announces the decision of the house [sec. 1824]." 

Assembly. — Cushing's "Manual", in sec. 10, says, "Ev- 
ery deliberative assembly, by the mere fact of its being 
assembled and constituted, does thereby necessarily adopt 
and become subject to those rules and forms of proceed- 
ng without which it would be impossible for it to accom- 
plish the purposes of its creation." Cushing's "Law and 
Practice", in sees. 792 and 793, says, — "In the American 
constitutions it is provided, generally, that each house shall 
have the right to determine the rules of its own proceed- 
ings. No legislative assembly, therefore, can make any 
rules which shall be binding upon its successors, even 
until abrogated or rescinded by them. * The result of 
the foregoing considerations is, that, after a legislative 
assembly meets, and until it adopts rides and order s t it is 
governed and its proceedings regulated by the common 
parliamentary law; and that, when it has adopted rules 
and orders of its own, it is governed partly by them (in 
cases to which they apply) and partly (in all cases to 
which the rules and orders are not appliable) by rules 
drawn from the common parliamentary law ", that is, so 
much of the usages and methods of parliament as are of 
general application, modified by usage and practice in this 
country. 

Quokum. — If there is no special rule regulating the 
matter, a majority will constitute a quorum. In five 
States, when a quorum does not present itself, the presid- 
ing officer, or, on his absence, the clerk, declares the as- 



8 DIAGRAMS OP 

sembly adjourned until the next sitting day. In the rest 
of the States, it is provided that a less number than a 
quorum may adjourn from day to day. Therefore, in 
these, the presiding officer simply takes the chair and 
waits until the assembly adjourns itself. Cushing's " Man- 
ual", in sec. 19, says,— "The presiding officer ought not to 
take the chair until the proper number is ascertained to 
be present; and, if at any time, in the course of the pro- 
ceedings, notice is taken that a quorum is not present, 
and, upon the members being counted by the presiding officer, 
such appears to be the fact, the assembly must be imme- 
diately adjourned." Robert's "Rules of Order", in sec. 
43, says, — "The chairman should not take the chair until a 
quorum is present, except where there is no hope of there 
being a quorum; and then no business can be transacted, 
except to adjourn. * If the number afterwards should 
be reduced below a quorum, business is not interrupted, 
unless a member calls attention to the fact; but no question 
can be decided except when a quorum is present," Cushing's 
"Law and Practice" in sec. 369, -ays, — "If the number 
of members present, at any time during the sitting, falls 
below the requisite number, business is at once suspended. 
If, therefore, it appears on a division, or if notice is taken 
by any member, that a quorum is not present, it then becomes 
the immediate duty of the presiding officer to count the members. 
and, if they do not amount to a quorum, to suspend all 
further proceedings until the requisite number comes in, 
or to adjourn the assembly, without a question, until the 
next sitting day. If the assembly is one which is compe- 
tent to adjourn itself, the presiding officer has no author- 
ity to declare an adjournment, but must wait for a motion 
for that purpose. In counting for this purpose, the pre- 
siding officer, if he is a member, reckons himself, and 
includes all members who come in after the counting has 
commenced. * A quorum, having once been present, is 
presumed to continue, although not of the same indi- 
viduals, until the contrary appears in the manner already 
stated; and hence, if business is proceeded in, after the 



PARLIAMENTARY RFLES. 

number of members present is in fact reduced below a 
quorum, the validity of the votes agreed to be/ore notice is 
taken, and the assembly counted, cannot be questioned." 

Committees. — Standing and select committees are, in 
themselves, miniature assemblies, restricted, however, in 
action by the orders of their creators. They have the 
right to elect their own chairman. When a quorum is 
present, they may proceed to consider and vote. As soon 
as their report is received (not accepted), which it is when 
the assembly hears it read, the committee, if a select one, is 
:hen and there, without any motion, dissolved. The as- 
sembly may then conclude not to accept (that is, adopt) 
the report, but to recommit it. A "minority report" is 
usually received immediately after the committee's report. 
Xo action, however, can be taken upon it, unless somebody 
moves to substitute it therefor. Committees cannot adjourn, 
but move "to rise". Robert's "Rules of Order", in sec. 
38, says, "The yeas and nays cannot be ordered in Com- 
mittee of the Whole." Cushing's "Law and Practice", in 
sections 2000, 2002, and 2019, says,— "There can be no mo- 
tion made in Committee of the Whole ' to lie on the table' 
or 'to postpone indefinitely' or 'to a day certain.' The 
only postponement that can take place is, to transpose the 
order of considering by paragraphs. Neither can a Com- 
mittee of the Whole entertain any matter of privilege, or 
order any questions pending therein to be taken by yeas 
and nays. Nor is it competent for a Committee of the 
Whole 'to reconsider* a vote. * In regard to the per- 
sonal deportment of the members, whether addressing 
the committee or otherwise, while the house is in Com- 
mittee,— as, for example, the manner and place of speak- 
ing, addressing the chair, observing silence, etc.,— the 
same rules prevail as in the house. * If a breach of 
privilege occurs, while the house is in Committee, it can 
not be decided upon by the Committee; but the house 
must be resumed, and all other questions suspended, until 
the question of privilege is settled." 

Voting.— Any member has a right to change his vote, 



10 DIAGRAMS OF 

provided the Chair has not announced the result to the 
assembly, and provided it was not given by ballot. Until 
the negative is put, any member can renew the debate. 
When the yeas and nays are taken, however, the nega- 
tive is put at the same time with the affirmative. In bal- 
loting, if the presiding officer does not vote previously 
to the counting, he must obtain leave from the assembly 
before he can do so. Robert's "Rules of Order", in sec. 
38, says, "No one can vote on a question affecting himself; but, 
if more than one name is included in the resolution * 
all are entitled to vote." Cushing's " Manual", in sec. 41, 
says, — " No member ought to be present in the assembly 
when any matter or business concerning himself is de- 
bating; nor, if present by the indulgence of the assem- 
bly, ought he to vote on any such question. Whether the 
matter in question concern his private interest or relate 
to his conduct as a member — as for a breach of order or 
for matter arising in debate — as soon as it is fairly before 
the assembly, the member is to be heard in exculpation, 
and then to withdraw until the matter is settled. If, not- 
withstanding, a member should remain in the assembly, 
and vote, his vote may and ought to be disallowed ; it being 
contrary not only to the laws of decency, but to the fun- 
damental principle of the social compact,, that a man 
should sit and act as a judge in his own case." When an 
assembly has to elect officers by ballot, and there is but one 
nomination for any office, it would expedite matters to 
authorize the clerk, provided no objection is made, to 
cast the ballot of the assembly for that individual. 

Appeal.— Cushing's Manual", in sec. 154, says, "The 
question is then stated by the presiding officer, on the 
appeal * and it is thereupon debated and decided by 
the assembly in the same manner as any other question." 
Robert's "Rules of Order", in sec. 38, says, "But in the 
case of an appeal, though the question is, 'Shall the de- 
cision of the chair stand as the judgment of the assembly ?' 
a tie vote sustains the chair, upon the principle that the 
decision of the Chair can only be reversed by a majority." 



PARLIAMENTARY RULES. 11 

Cushing's "Law and Practice ", in sec. 1471, says, "In all 
cases, he (the presiding officer) may decide the question, 
and, if he pleases, may sustain his own decision by means of 
his casting or other vote" 

amendment. — Cushing's "Manual", in sections 127a, 
133, and 102, says,— "The principle on which they rest is, 
that the same proposition changed only in form should not 
be brought twice before the assembly. * As the mover 
of a proposition is under no restriction as to embracing 
incongruous matters under the same motion, so, on the 
other hand, the assembly may engraft upon a motion. 
by way of amendment, matter which is not only incon- 
gruous with, but entirely opposed to, the motion as origin- 
ally intended. * The inconsistency or incompatibility 
of a proposed amendment with one which has already 
been adopted is a fit ground for its rejection by the as- 
sembly, but not for the suppression of it by the presiding 
officer, as against order." 

Journal.— Cushing's "Law and Practice", in sections 
418, 419, and 424, says, — u The journal is to be kept or 
nftade up, in the first instance, by the cleric alone, who is 
the sworn recording officer of the assembly, subject only to 
the control of the assembly itself, and not to the control of 
the presiding officer, or of any other member; though, in 
cases of difficulty and importanece, the form of entry has 
been settled by a committee appointed for the purpose. 
So, too, the assembly itself may direct a particular pro- 
ceeding to be entered or not to be entered on the journals, 
or to be entered therein in a particular manner or with 
explanatory remarks stating the grounds of it. * Ir 
appears to be a general rule, in the keeping of the journal 
of a legislative assembly, that nothing shall be spread upon 
it at length, by way of correction or otherwise, which the 
assembly has previously refused to admit. * The jour- 
nal is to be corrected, either at the suggestion of a mem- 
ber or upon motion, when the reading is completed. It is 
then considered as approved by the assembly ; to which no 
formal vote or proceeding is necessary; if the correction 



12 DIAGRAMS OF 

suggested or moved is made, or none is suggested, the ap- 
proval of the assembly follows of course. This proceeding 
cannot take place without a quorum. * Though the cor- 
rection of the journal commonly occurs immediately after 
the reading; it may be made at any time afterwards, when a 
mistake is discovered. * It sometimes happens, however, 
that it is not only desired to rescind or annul the effect of 
a former proceeding, but to treat it with strong disappro- 
bation or contempt; in which case, the obnoxious entry 
itself is expunged, that is, erased or obliterated from the 
journal. * In most instances, the expunging being 
effected by an actual obliteration of the obnoxious pas- 
sages; on one memorable occasion, by drawing black lines 
around and writing the word expunged across the offend- 
ing matter." This is now done with red ink. 

In Writing. — Robert's "Rules of Order", in sec. 4, 
says, "All principal motions, amendments, and instruction 
to committees should be in writing, if requested by the 
presiding officer." Cushing's "Manual", in sec. 54, says, 
— "A motion must be submitted in writing, otherwise the 
presiding officer will be justified in refusing it; he may do so, 
however, if he pleases, and is willing to take the trouble 
himself to reduce it to writing. This rule extends only 
to principal motions, * but not to subsidiary or inci- 
dental motions. * In the case of a motion to amend, 
which is a subsidiary motion, the rule admits of an ex- 
ception, so far as regards the insertion of additional 
words, which, as well as the principal motion, must be in 
writing." 

Terms Explained. — When a number of individuals 
assemble for the first time, and, after due consideration 
of various subjects, simply adjourn, they are said to hold a 
meeting. They are also said to hold a session. If, however, 
they should adjourn until the next day, they would then 
hold a second meeting; but this next meeting, and any 
number of subsequent adjourned meeting, would still con- 
constitute but the one session. Every so-called "regular" 
meeting constitutes the beginning of a New Session. 



PARLIAMENTARY TITLES. 1 3 

There may, of course, be a special meet ing, or meetings, 
constituting but one special session. — A proposition, when 
made, is called a motion; when stated, a question; when 
adopted, a vote, resolution, or order, — A report is received just 
as boob as it is read. It may then, on special motion, be 
accepted, adopted or agreed to: a person may receive an 
otter, but refuse to accept it. — Cushing's "Manual ", in sec. 
21, says, "The terms 'general consent' , as used in parlia- 
mentary practice, denote the unanimous opinion of the 

mbly, when their opinion is expressed informally, 
and not by means of a vote. AVhenever, therefore, it is 
said that the general consent of the assembly is necessary 
to the adoption of any measure, it is to be understood, 
that, if the question is proposed informally, no objection 
must be made to it; or that, if proposed in a formal man- 
ner, the vote in its favor must be unanimous." — When we 
say that a certain motion takes precedence of several other 
motions, we mean that it is in order to make this motion 
while any of the others are pending. — When we say that a 
motion must yield to certain other motions, we mean that it 
is in order to make any of those other motions while it is 
pending. — The subsidiary motion "to lay on the table" 
can not be applied to (is not applicable to) the subsidiary 
motion known as "the previous question." 

Informalities. — In matters of routine, and when the 
sentiment of the assembly is pretty well understood, the 
Chair may considerably expedite the transaction of busi- 
ness by simply stating, that, if there is no objection, such 
and such will be regarded as the decision of the assembly. 
In this way the minutes may be corrected and approved; 
a mover may withdraw his motion; reports may be re- 
ceived; the number to constitute a committee may be 
ascertained; the regular order of business may be trans- 
posed; a division of the assembly may be made; mem- 
bers may make suggestions, which do not at any time 
constitute debate; and the Chair may intimate how to ac- 
complish certain ends. But, w T henever an objection is 
made, a formal motion becomes at once necessary. 



14 DIAGRAM OF 

General Forms of Stating Questions.-— It is moved 
and seconded, or you have heard the motion, that etc.: 
as many as are in favor of the motion will say, 'aye'; 
those opposed will say 'no*. As many as are of the opin- 
ion that the motion should prevail will say 'aye'; those 
of a different opinion will say 'no\ As many as are in 
favor of the motion will hold up their right hands; those 
who are opposed will give the same sign. Those who are 
in favor of the motion will rise; those opposed will now 
rise. Those who are in favor of the motion will please to 
signify their assent by the usual sign; those opposed will 
manifest it by the same sign. — The motion prevails, or is 
carried ; or the motion falls, is lost, or is not carried. — Are 
you ready for the question ? — The question is on the adoption 
of the resolutions just read. — The question now recurs on the 
resolution, or on the resolution as amended.— The motion 
'to reconsider' prevails: the vote on the resolution, or on 
the amendment, is reconsidered ; the question now recurs 
on the adoption of the resolution, or on the adoption of 
the resolution as hitherto amended, or on the adoption 
of the resolution as amended.-— Robert's " Rules of Order" 
in sec. 65, says, "In stating the question on an amendment, 
the Chairman should read (1) the passage to be amended; 
(2) the words to be struck out, if any; (3) the words to 
inserted, if any; and (4) the whole passage as it will 
stand if the amendment is adopted. He then states the 
question in a form similar to this: 'the question is, shall 
the word censure be inserted in the resolution in the place 
of the word thanks?' 1 

Eights or Members.— Cushing's "Manual", in sections 
(>, 7, and 8, says, — "In all deliberative assemblies, the 
members of which are chosen or appointed to represent 
others, it is necessary, before proceeding to business, to 
^certain who are duly elected and returned as members. 

The proper time for this investigation is after the tem- 
porary and before the permanent organization, or ivhen the 
assembly is permanently organized, in the first instance, before 
it proceeds to the transaction of any other business; and the 



PARLIAMENTARY RULES. L6 

most convenient mode of conducting it is, by the appoint- 
ment of a committee to receive and report upon the cre- 
dentials of the members. * When a question arises, in- 
volving the right of a member to his seat, such member is 
entitled to be heard on the question; and he is then to 
withdraw until it is decided. But, if, by the indulgence of 
the assembly, he remains in his place during the discus- 
sion, he ought neither to take any further part in it nor to 
vote when the question is proposed; it being a funda- 
mental rule in all deliberative assemblies, that those 
members whose rights as such are not yet set aside con- 
stitute a judicial tribunal to decide upon the cases of those 
whose rights of membership are called in question." 
Robert's "Rules of Order", in sec. 2, says,— "After the 
floor has been assigned to a member, he can not be inter- 
rupted by calls for the question, or by a motion to adjourn, 
or for any purpose, by either the chairman or any mem- 
ber, except (a) to have entered on the minutes a motion 
to Reconsider; (b) by a Call to Order; (c) by an Objection 
to the Consideration of the Question; (d) by a Call for the 
Orders of the Day; or (e) by a Question of Privilege that 
requires immediate action." By way of punishment a mem- 
ber may be compelled to apologize or beg pardon, and 
may be reprimanded, suspended, or expelled (Cush. 
Man., Sec. 42). In order to secure to each member the 
right of debate, Robert declares that the following motions 
should not be passed by a less than two-thirds vote: To 
Amend the Rules; To Suspend the Rules; To Make a 
Special Order; To Take up a Question out of its Proper 
Order; An Objection to the Consideration of a Question; 
The Previous Question ; To Close or Limit Debate. Rob- 
ert's "Rules of Order", in sec. 34, says, "The maker of a 
motion, though he can vote against it, cannot speak against 
his own motion." 

What are Questions of Privilege.— Cushing's "Law 
and Practice'', in sections 1499, 1503, and 1504, says — 
"When, therefore, any question of this kind [that is, of 
privilege] arises, as, for example, when members are 



16 DIAGRAMS OF 

attacked with force and violence, either within the pre- 
cincts of the house or on their way thither; or are ob- 
structed in entering the house, either by violence or insult ; 
when the proceedings of the house are disturbed or inter- 
rupted, either by members or strangers; when the free- 
dom of debate and proceeding is attempted to be over- 
awed by mobs or armed force without ; or when a personal 
quarrel takes place between two or more members, within 
she house— in all such cases, the house will proceed, at 
once, laying aside, or rather suspending, without any vote, 
all other business, to consider the matter in which their 
privileges are involved. * * * It has accordingly been 
decided, in that assembly [the House of Representatives 
of the U. S.], that the following subjects, among others, 
may be entertained therein as matters of privilege, that is 
to say: — Questions relating to the right of members and 
delegates to be qualified, including, of course, their cre- 
dentials, namely, members who are duly returned but 
were not present at the organization of the house, members 
entitled to seats by the determination of a controverted 
election, and members returned to fill vacancies; ques- 
tions affecting the right of members to their seats, whether 
existing in the shape of charges contained in a petition, or 
in resolutions reported by the committee on elections, or 
otherwise, pending in the house; questions relating to the 
character or conduct of members, as, for example, resolu- 
tions to censure or expel a member; the right of a mem- 
ber to defend himself against the charge in a petition ly- 
ing on the table; the report of a select committee for in- 
vestigating certain charges against a member; a complaint 
of one member for a supposed insult in the house, for 
words used by the former in debate; and in considering 
and returning the letter of a public officer containing in- 
jurious reflections upon a member for words used by him 
in debate; questions relating to the conduct of persons in 
the employment of the house, as, for example, a resolu- 
tion to dismiss one of its printers for charging a member 
with falsehood, or to expel a reporter from the house for 



PARLIAMENTARY RULES. 17 

giving a false and scandalous account of a debate ; ques- 
tions relating to the general or aggregate privileges of the 
house, as, for example, the remonstrance of a foreign 
diplomatic agent to one of the heads of departments on 
the passing of a certain bill of congress; a common report 
that members had been threatened by a mob; a resolution 
for correcting the Journal when it is not made up according to 
the facts; and the correction relates to some matter then 
pending before the house; a false account in a public 
newspaper of what took place in the house on a certain 
occasion; a report, lying on the table, concerning a per- 
sonal conflict between two members; whether the journal 
of the house has been printed by its direction, according 
to the requisitions of the constitution ; the report of a com- 
mittee charging a witness before them with contumacy ; 
questions relating to an impeachment; and to the report 
of a committee appointed to investigate the conduct of the 
secretary of the treasury in reference to a certain matter. 
—On the other hand, it has been decided by the same as- 
sembly that the following subjects are not entitled to be 
entertained therein as matters of privilege, namely: — 
Questions relating to a member's having forfeited his right 
to a seat, in consequence of his acceptance of a disqualify- 
ing office, such a member having resigned his seat in the 
house ; whether a public officer has failed or refused to 
furnish information, as directed by an order of the house, 
unless such failure or refusal is in derogation of the honor 
or dignity of the house'; calling upon a public officer to 
iurnish information forthwith; cognizance of a charge of 
corruption of the other branch, made therein by a mem- 
ber of the same; proceeding with the election of a clerk, 
the house having already assigned a time for the election 
of that officer; devolving the duties of door-keeper tem- 
porarily upon the sergeant-at-arms ; the election of a door- 
keeper and post master of the House ; a proposition to alter 
the journal when the same is correctly made up; the re- 
port of a committee authorized to report forthwith ; asking 
to be excused from serving on the committee; explaining 



18 DIAGRAMS OF 

a charge in a public newspaper against a member; con- 
cerning the mileage and pay of the claimant of a seat at 
a former congress; requesting information of the presi- 
dent as to the conferring of disqualifying offices upon cer- 
tain members; a personal explanation." 

Call of the House— Robert's "Rules of Order", in sec. 
70, says,— "The object of a call of the house is to compel 
the attendance of absent members, and is allowable only 
in assemblies that have power to compel the attendance of 
absentees. * One-fifth of the members elect in Congress 
can order a call of the house. * In Congress a call of the 
house is only used now when no quorum is present; and, 
as soon as a quorum appears, it is usual to dispense with 
further proceedings in the call. * [After the clerk has 
called the roll] the doors are locked, no one being permit- 
ted to leave, and an order similar in form to the following 
is adopted: 'That the Sergeant-at-Arms take into custody 
and bring to the bar of the House, such of its members as 
are absent without the leave of the House." Cushing's 
"Law and Practice", in sec. 264, says, "The right of a leg- 
islative assembly, after it is regularly constituted, to have 
the attendance of all of its members except those who are 
absent on leave or in the service of the assembly, and to 
enforce it if necessary, is one of its most undoubted and 
important privileges." 

Executive Business. — Cushing's " Parliamentary Law", 
in sections 346 and 349, says, — "In these [certain of our 
legislative assemblies], therefore, whatever rule or usage 
there may be to the contrary, their theoretical character 
is to sit with closed doors; and it is in the power of any 
member, upon mere demand, and without any previous 
order therefor, to make the practice correspond to the 
theory, or, in other words, to exclude strangers therefrom 
at his pleasure. * When any matter has once been in- 
troduced into the house in its ordinary capacity, a motion 
that the further discussion thereof shall take place in se- 
cret may be made, considered, and decided in open ses- 
sion. Any invasion of the obligation of secrecy, imposed 



PARLIAMENTARY RULES. 19 

in the manner above described, or by any other vote 
the house, as, for example, the printing of a bill, whether 
such invasion takes place by members, or others, is pun- 
ishable as a contempt. The proceedings, which take 
place with closed doors, are recorded in a separate journal, 
which partakes of the character of the transactions record- 
ed in it, and cannot be adverted to, read in debate, or 
amended, at any distance of time, until the injunction of 
secrecy is removed." 

Tn Michigan and nineteen other States (sec. 350) it is 
provided in the instrument of the creation of legislative 
assemblies that their proceedings and debates shall be 
open to the public, except upon occasions when secrecy le 
required. These bodies, therefore, cannot proceed with 
closed doors without an order to that effect. The consti- 
tution of Texas is the only one that provides simply that 
"The doors of each house shall be kept open." 

In some assemblies " executive business" is adopted and 
put down as a regular Order of Business. Questions that 
are to be considered in secret are then, of course, deferred 
until that order of business is reached. It is also provid- 
ed that nothing but the results or final determinations 
shall be spread upon the pages of the special journal. 
When the assembly, under such a rule, goes into execu- 
tive session, the first proceeding is the "calling of the 
roll"; the second, " the reading of the minutes", which 
is sometimes postponed definitely, and sometimes, inde- 
finitely ; the third, the proper movement and introduction 
of some legitimate subject for discussion and action. 



INDEX. 



PAGE 

Amendment 11 

Appeal 10 

Assembly 7 

Business, Executive 1& 

Business, Order of. 5 

By-Laws 5 

Call of the House 18 

Chairman 6 

Clerk 6 

Committees 7 

Constitution 5 

Delegates, Meeting of 4 

Executive Business 18 

Forms of Stating Questions 14 

Informalities IS 

Journal 11 

Members, Rights of. 14 

Meeting of Delegates 4 

Meeting, General 4 

Order of Business 5 

Order, Rules of. 5 

President 6 

Privilege, What are Questions of. 15 

Questions, General Forms of Stating 14 

Questions of Privilege, What are 15 

Quorum 7 

Rights of Members 14 

Rules of Order 5 

Rules, Standing 5 

Secretary 6 

Society, Permanent 4 

Standing Rules 5 

Stating Questions, General Forms of 14 

Terms Explained 12 

Voting 9 

Writing, In 12 



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